§ 116.05 LICENSE APPLICATION EVALUATION.
   (A)   The City Manager may open a 30-day enrollment period at his or her discretion for any license type.
   (B)   The City Manager shall assess, evaluate, score and rank all complete medical marihuana provisioning center, marihuana retailer, marihuana grower, marihuana processor and marihuana microbusiness, applications submitted according to the provisions of this chapter. Assessment, evaluation, scoring, and ranking shall be completed for each license type. Additionally, the City Manager shall assess, evaluate, score and rank marihuana microbusiness applications based upon buffeted location. No application will be evaluated, scored, or ranked unless such application contains the approvals required by § 116.04(B)(17) and the application contains all required information outlined in § 116.04(B). All other types of marihuana operation licenses shall be assessed for completeness and compliance with the terms of this chapter.
   (C)   The City Manager's assessment, evaluation, score, and rank of each application that requires scoring shall be based upon a scoring criterion created by the City Manager consistent with the requirements and conditions of this chapter. Scoring shall fall under the following broad categories: content and sufficiency, consistency with surrounding land use and resident safety, demonstration of sufficient financial resources, and promotion of local business. The City Manager shall award conditional approval or licenses to the top scoring complete applications for the number of licenses available during each enrollment period. Scoring and ranking renews with each enrollment period. Overall scoring and ranking shall be conducted and applied by the City Manager on the basis of assigned points from zero points to 100 points with the lowest overall total score as zero points and the highest possible total score being one hundred points. The City Manager retains the right to award fewer licenses than the number available if the remaining license application scores fall below 75/100, however, no license shall be awarded to an applicant whose score falls below 60/100.
   (D)   In the assessment, evaluation, score, and ranking of license applications the City Manager may give preference to locations that improve access to medical marihuana patients, are consistent with surrounding and nearby land use, and limit potential exposure or disturbance of neighborhoods.
   (E)   In the event of an evaluation scoring tie during an enrollment period which causes there to be more applicants than licenses or locations available, the scoring-tied applicants will be entered into a random draw using procedures set by the City Manager. Those applications randomly selected shall be eligible to receive the license applied for consistent with this chapter. All license applications must be submitted during the open enrollment periods set by the City Manager.
   (F)   Nothing in this section is intended to confer a property or other right, duty, privilege or interest in a license of any kind or nature whatsoever including, but not limited to, any claim of entitlement.
   (G)   The City Manager may engage professional expert assistance in performing the City Manager's duties and responsibilities under this chapter.
   (H)   If the applicant applies for a state license, the applicant must notify the City Manager of the pending state application within seven days in writing by certified mail.
   (I)   If the applicant has not applied for a state license, the applicant must apply for a state license within 28 days of submitting an application to the City Manager.
(Ord. 2022-01, passed 4-25-2022)